House File 2473 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing standardized requirements for long=term care
  2    insurance policies advertised, marketed, offered, delivered,
  3    or issued for delivery in the state, and providing an
  4    applicability date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5212YH 82
  7 av/rj/14

PAG LIN



  1  1    Section 1.  Section 514G.7, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  RULES.
  1  4    a.  The commissioner shall adopt rules establishing
  1  5 standard provisions for terms and benefits required to be
  1  6 included in a long=term care insurance policy advertised,
  1  7 marketed, offered, delivered, or issued for delivery in this
  1  8 state.  The rules shall establish a standard format for such
  1  9 long=term care insurance policies to facilitate ease of
  1 10 comparison of the various policies by consumers.
  1 11    b.  The commissioner may shall adopt rules for full and
  1 12 fair disclosure of the terms and benefits of a long=term care
  1 13 insurance policy, including but not limited to rules setting
  1 14 forth the manner, content, and required disclosures for the
  1 15 sale of long=term care insurance policies, terms of
  1 16 renewability, initial and subsequent conditions of
  1 17 eligibility, nonduplication of coverage provisions, coverage
  1 18 of dependents, preexisting conditions, termination of
  1 19 insurance, probationary periods, limitations, exceptions,
  1 20 reductions, elimination periods, requirements for replacement,
  1 21 recurrent conditions, and definitions of terms.
  1 22    Sec. 2.  Section 514G.10, Code 2007, is amended to read as
  1 23 follows:
  1 24    514G.10  LONG=TERM CARE CONSUMER GUIDE.
  1 25    An insurer offering a long=term care insurance policy to
  1 26 any person shall provide to the applicant the current
  1 27 long=term care insurance consumer guide prescribed by the
  1 28 insurance division of the department of commerce.  The
  1 29 long=term care insurance guide prescribed by the insurance
  1 30 division shall include a description of the standard terms and
  1 31 benefits required to be included and the standard format
  1 32 required to be used in such a long=term care insurance policy
  1 33 in this state.  The commissioner of insurance may by reference
  1 34 adopt or permit the use of the long=term care insurance
  1 35 consumer guide developed by the national association of
  2  1 insurance commissioners, the blue cross and blue shield
  2  2 association, or the health insurance association of America,
  2  3 if the consumer guide that is adopted or permitted to be used
  2  4 by reference meets all the requirements of this section.
  2  5 Delivery of the long=term care insurance consumer guide shall
  2  6 be made if a policy is advertised, solicited, or issued as a
  2  7 policy as defined in this chapter, or if it is subject to this
  2  8 chapter, regardless of the label applied by the insurer.
  2  9 Except in the case of direct response insurers, delivery of
  2 10 the long=term care insurance consumer guide shall be made to
  2 11 the applicant at the time of application, and acknowledgment
  2 12 of receipt of the long=term care insurance consumer guide
  2 13 shall be obtained by the insurer.  A direct response insurer
  2 14 shall deliver the long=term care insurance consumer guide to
  2 15 the applicant at the time the policy is delivered.  An
  2 16 insurance company required to distribute the guide shall
  2 17 reimburse the state for all costs associated with the guide.
  2 18    Sec. 3.  APPLICABILITY.  This bill applies to long=term
  2 19 care insurance policies advertised, marketed, offered,
  2 20 delivered, or issued for delivery in this state on or after
  2 21 July 1, 2008.
  2 22                           EXPLANATION
  2 23    This bill establishes standardized requirements for
  2 24 long=term care insurance policies advertised, marketed,
  2 25 offered, delivered, or issued for delivery in the state.
  2 26    The bill amends Code section 514G.7 to require the
  2 27 commissioner of insurance to adopt rules establishing standard
  2 28 provisions for terms and benefits that must be included in a
  2 29 long=term care insurance policy advertised, marketed, offered,
  2 30 delivered, or issued for delivery in this state.  The
  2 31 commissioner is also required to adopt rules that establish a
  2 32 standard format for such policies to facilitate ease of
  2 33 comparison of the various policies by consumers.
  2 34    The bill amends Code section 514G.10 to require that the
  2 35 long=term care insurance consumer guide prescribed by the
  3  1 insurance division of the department of commerce must include
  3  2 a description of the standard terms and benefits, and format
  3  3 that are required to be included or used in long=term care
  3  4 insurance policies in Iowa.  A provision allowing the
  3  5 commissioner of insurance to by reference adopt or permit the
  3  6 use of long=term care insurance consumer guides prepared by
  3  7 other specified entities is amended to allow such adoption or
  3  8 use by reference only if the consumer guide meets all the
  3  9 requirements of the Code section.
  3 10    The bill is applicable to long=term care insurance policies
  3 11 advertised, marketed, offered, delivered, or issued for
  3 12 delivery on or after July 1, 2008.
  3 13 LSB 5212YH 82
  3 14 av/rj/14